1. Introduction and acceptance of terms

1.1 These Terms & Conditions ("Terms") govern your use of the Thungo platform, website, mobile applications, and related services (collectively, the "Service"). Thungo is a contractor business management platform developed and operated by Aluma Holdings (Pty) Ltd ("Company," "we," "us," or "our"), a South African company.

1.2 By accessing, registering for, or using Thungo, you ("User," "you," or "your") agree to be legally bound by these Terms, our Privacy Policy, and any other policies we publish. If you do not agree, you must discontinue use immediately.

1.3 These Terms are governed by the laws of the Republic of South Africa, including but not limited to the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), and the National Credit Act 34 of 2005 ("NCA").

2. Eligibility and account registration

2.1 You must be at least 18 years old and a legal resident of South Africa to use Thungo.

2.2 You represent that you are a qualified tradesperson, contractor, or business operator (including electricians, solar installers, plumbers, and general construction contractors) operating legally in South Africa.

2.3 You must register with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activity that occurs under your account.

2.4 You may not transfer or share your account with third parties. Thungo reserves the right to suspend or terminate accounts that violate this provision.

3. Service description and features

3.1 Thungo provides an integrated suite of business management tools for contractors, including but not limited to:

• Trade-specific quotation and estimation engines (EstimateIQ, BuildBudget)
• Smart Assistant Agent for automated customer communication, inquiries, and appointment booking
• Workforce management and team member registry with automated rate calculations
• Supplier portal with real-time supplier integration and pricing
• Field management and project tracking (SitePulse, FrameMap)
• Invoice generation and payment processing
• WhatsApp integration for customer communication

3.2 All pricing, quotations, and calculations generated by Thungo are estimates only and do not constitute binding offers. You remain responsible for final quote accuracy and legality.

3.3 Thungo may update, modify, or discontinue features at any time. Critical notifications will be sent via email to your registered address.

4. User responsibilities and prohibited conduct

4.1 You agree to use Thungo only for lawful business purposes and in compliance with all applicable South African laws, including the CPA, POPIA, and industry-specific regulations.

4.2 You are prohibited from:

• Creating fraudulent quotes or invoices
• Misrepresenting qualifications, licenses, or certifications
• Using Thungo to collect or process customer data unlawfully
• Attempting to reverse-engineer, hack, or gain unauthorized access to Thungo systems
• Using Thungo to harass, spam, or defraud customers
• Breaching any customer privacy or confidentiality obligations
• Reselling or redistributing Thungo services without authorization

4.3 You must comply with all payment processing terms, including accurate invoicing and timely settlement of any disputes.

5. Intellectual property rights

5.1 All content, software, design, and functionality of Thungo, including but not limited to quote templates, calculators, and algorithms, are the exclusive property of Aluma Holdings or licensed third parties. You are granted a limited, non-exclusive, non-transferable license to use Thungo solely for your business operations.

5.2 Your content (quotes, invoices, customer data, and documents created via Thungo) remains your property, but you grant Thungo a worldwide, royalty-free license to use such content to operate and improve the Service.

5.3 You may not copy, modify, distribute, or create derivative works from Thungo without explicit written permission.

6. Payment and billing terms

6.1 Thungo operates on a subscription-based model with tiered pricing (Starter, Professional, Business). Exact pricing is available on the Thungo website and may be updated with 30 days’ written notice.

6.2 Invoices generated by users: Thungo provides tools for you to generate and send invoices to your customers. You are solely responsible for:

• Ensuring invoices comply with the VAT Act 89 of 1991 and contain all required statutory information (VAT number, invoice date, itemized services, tax amounts)
• Accurately collecting and remitting VAT to the South African Revenue Service (SARS)
• Maintaining invoice records for audit and tax purposes
• Complying with consumer credit laws if offering payment plans (NCA compliance)

6.3 Payment processing: Thungo facilitates payment processing through third-party partners including PayShap, PayFast, Paystack, Ozow, and Stitch ("Payment Processors"). You remain the merchant of record and are responsible for:

• Complying with card network regulations and data security standards (PCI-DSS)
• Maintaining merchant agreements with Payment Processors
• Accurate reporting of payment activity for tax purposes
• Compliance with the NCA for consumer credit transactions

6.4 Payment timing: different payment methods have different settlement times:

• PayShap (Instant EFT): real-time settlement for amounts up to R50,000
• PayFast Immediate Payout: accelerated clearing for card payments (~0.8% fee)
• Standard card payments: 1-3 business day clearing
• EFT transfers: 1-2 business day clearing

Thungo displays estimated settlement times in the user interface, but actual times may vary based on banking delays.

6.5 Refunds and chargebacks: you are responsible for all customer disputes, chargebacks, and refund claims. Thungo does not refund subscription fees except as required by law.

7. Customer communication, data handling, and Smart Assistant

7.1 Smart Assistant Agent: Thungo includes an AI-powered Smart Assistant for automated customer communication, including responding to inquiries, drafting emails, confirming appointments, and sending follow-ups.

7.2 You acknowledge that:

• The Smart Assistant uses artificial intelligence and may occasionally generate inaccurate or inappropriate responses
• You are ultimately responsible for all customer communications sent via Thungo, including those generated by the Smart Assistant
• You must review and approve all automated communications before they are sent to customers
• You remain liable for any customer complaints, legal claims, or regulatory violations resulting from automated messages

7.3 WhatsApp integration: Thungo may integrate with WhatsApp via the Meta Cloud API to send appointment confirmations, service notifications, and follow-ups. You must:

• Obtain customer consent before sending WhatsApp messages
• Comply with Meta’s WhatsApp Business Terms of Service
• Not use WhatsApp for unsolicited marketing or spam
• Maintain records of customer opt-in/opt-out preferences

7.4 Customer data: Thungo collects and processes customer data (names, contact information, project details, payment information) on your behalf. Full details are provided in our Privacy Policy. You must ensure customer consent is obtained for all data collection.

8. Warranty and disclaimers

8.1 Thungo is provided on an "AS IS" and "AS AVAILABLE" basis. Aluma Holdings does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses.

8.2 While we strive to maintain accurate pricing and supplier information, Thungo does not guarantee the accuracy, completeness, or timeliness of supplier pricing, product availability, or quote calculations. You are solely responsible for verifying all data before presenting quotes to customers.

8.3 Thungo does not provide professional advice on compliance with tax, labor, or industry-specific laws. You must consult qualified professionals (accountants, attorneys, engineers) to ensure your business complies with all applicable regulations.

8.4 Subject to applicable South African law, Aluma Holdings does not give express or implied warranties regarding merchantability, fitness for purpose, or non-infringement.

9. Limitation of liability

9.1 Except where prohibited by South African law, Aluma Holdings’s total liability to you for any claim arising from or related to these Terms or use of Thungo shall not exceed the fees paid by you in the 12 months preceding the claim.

9.2 Aluma Holdings is not liable for:

• Lost profits, lost revenue, or lost business opportunity
• Loss of data or corruption of records
• Business interruption or downtime
• Consequential, indirect, incidental, or punitive damages
• Customer disputes, chargebacks, or payment failures
• Inaccuracy of quotes or calculations generated by Thungo
• Data breaches resulting from your failure to maintain account security

9.3 Some jurisdictions do not allow limitation of liability. To the extent permitted by law, these limitations apply.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless Aluma Holdings, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of Thungo in violation of these Terms
• Your breach of applicable South African laws
• Fraudulent or misleading quotes or invoices you create
• Customer disputes or chargebacks related to your services
• Your violation of customer privacy or data protection laws
• Your misrepresentation of qualifications or credentials

11. Termination and suspension

11.1 You may cancel your subscription at any time by notifying Thungo in writing. Your access will terminate at the end of the current billing period, unless you request immediate termination.

11.2 Aluma Holdings may suspend or terminate your account immediately without notice if:

• You violate these Terms or any applicable law
• You engage in fraudulent, abusive, or harmful conduct
• You fail to pay subscription fees after 30 days of notice
• We have reasonable grounds to believe you pose a security or legal risk

11.3 Upon termination, your account data will be retained for 90 days to allow data export. After 90 days, Thungo may delete your data permanently.

12. Dispute resolution and governing law

12.1 These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict of law principles.

12.2 Any dispute arising from these Terms shall be resolved in the following manner:

• Informal resolution: you agree to contact Thungo support at supports@thungo.app with written notice of the dispute within 30 days of discovering the issue. We will attempt to resolve the matter amicably.
• Mediation: if informal resolution fails, either party may request mediation administered by the AFSA (Arbitration Foundation of Southern Africa) or similar neutral third party.
• Jurisdiction: if mediation fails, disputes shall be subject to the jurisdiction of the South African courts, with the High Court of Gauteng (Johannesburg seat) having primary jurisdiction.

12.3 Notwithstanding the above, Aluma Holdings may seek immediate legal relief for breach of intellectual property rights or unauthorized access to Thungo systems.

13. Regulatory compliance

13.1 ECTA compliance: Thungo operates in compliance with the Electronic Communications and Transactions Act 25 of 2002, including provisions for electronic records, digital signatures, and consent-based communications.

13.2 CPA compliance: contractors using Thungo must comply with the Consumer Protection Act 68 of 2008, including providing accurate information, honoring warranties, and respecting consumer rights.

13.3 POPIA compliance: please refer to our Privacy Policy for details on how Thungo complies with the Protection of Personal Information Act 4 of 2013.

13.4 NCA compliance: if you offer customer payment plans, you must comply with the National Credit Act 34 of 2005, including obtaining valid credit agreements and maintaining compliance with debt collection regulations.

13.5 Tax compliance: you are responsible for complying with the VAT Act, Income Tax Act, and all SARS reporting obligations. Thungo provides tools to assist, but does not guarantee compliance.

14. Changes to these terms

14.1 Thungo reserves the right to update these Terms at any time. Material changes will be communicated via email at least 30 days in advance. Your continued use of Thungo following notification of changes constitutes acceptance of the updated Terms.

15. Contact information

For questions about these Terms, please contact us at:

• Thungo Legal Team
• Email: legal@thungo.app
• Address: Johannesburg, South Africa
• Company: Aluma Holdings (Pty) Ltd

You can reach the legal team directly at legal@thungo.app.